CRIMINAL PROCEDURE
General Principle.
What is Criminal Procedure?
- Criminal procedure is “a generic term to describe the network of laws and rules which
govern the procedural administration of justice.
- Criminal procedure lays down the process by which an offender is made to answer for
the crime he committed.
- It is the set of rules governing the series of proceedings through which the government
enforces substantive criminal law.
What is the goal of Criminal Procedure?
- The goal of criminal procedure is to balance the clashing societal interest between the
government and of that of an individual.
- The ultimate goal of criminal procedure is to harmonize the governmental functions of
maintaining peace and order and protecting the constitutional right of every citizen.
Nature of Criminal Procedure
Acquisitorial or adversarial
JURISDICTION- simply means the power
BP 129
What is Jurisdiction?
- Jurisdiction is the right to act of the power and authority to hear and determine a cause.
- It is a question of law.
- It is the power to inquire into the facts, to apply the law and to pronounce the
judgement.
Requisites for the exercise of criminal jurisdiction.
1. Jurisdiction over the subject matter; the offense charge
2. Jurisdiction over the territory; and
3. Jurisdiction over the person of the accused.
A. JURISDICTION OVER THE SUBJECT MATTER
How is it conferred?
- Jurisdiction over the subject matter is conferred by Law.
- When the law confers jurisdiction, that conferment must be clear. It is not
presumed.
How jurisdiction over the subject matter is determined?
- Jurisdiction over a criminal case is determined by the allegations in the
complaint or information.
- In relation, jurisdiction is determined by the penalty imposable by law on the
offense.
Primary reference: Criminal Procedure (the bar lecture series) by Willard Riano
- Jurisdiction is measured by the law prevailing at the time of the filing of the
complaint or information, and the penalty provided by law for the crime
charged at the time of its commission.
PRINCIPLE OF ADHERENCE OF JURISDICTION OR CONTINUING JURISDICTION
- The jurisdiction of the court is referred to as “continuing” in view of the general
principle that once a court has acquired jurisdiction, that jurisdiction continues until the
court has done all that it can do in the exercise of that jurisdiction.
OBJECTION ON JURISDICTIONAL GROUNDS
GR: As a rule, an objection based on the ground that the court lacks jurisdiction over the subject
matter may be raised or considered motu proprio by the court at any stage of the
proceedings or on appeal.
EXP: A party according to the court, cannot invoke the jurisdiction of the court to secure
affirmative relief against his opponent and after obtaining or failing to obtain such relief,
repudiate or question the same jurisdiction. (Antiporda Jr. vs Garchitorena, 321 SCRA 551,
561)
B. CRIMINAL JURISDICTION OVER THE PERSON OF THE ACCUSED
How acquired?
- The jurisdiction over the person of the accused is acquired upon his arrest or
apprehension, or his voluntary appearance or submission to the jurisdiction of the court.
- Arrest or apprehension may be effected with or without a warrant.
Voluntary appearance
- As a rule, one who seeks an affirmative relief is deemed to have submitted to the
jurisdiction of the court.
Ex:
- Filing of pleadings to the merit of the case like filing a motion to quash or other
pleadings requiring the exercise of court’s jurisdiction;
- Appearing for arraignment or entering trial.
OBJECTING TO THE JURISDICTION OF THE COURT OVER THE PERSON OF THE
ACCUSED.
- When an appearance in court or pleading questions the jurisdiction of the
court, there is no voluntary appearance.
- There is also no submission to the jurisdiction of the court when the accuse
files a motion to quash a warrant of arrest.
CRIMINAL JURISDICTION OF TRIAL COURTS
1. MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS and METROPOLITAN
TRIAL COURTS:
1. Exclusive original jurisdiction over all violations of city or municipal
ordinances committed within their respective territorial jurisdiction
2. Exclusive original jurisdiction over all offenses punishable with imprisonment not
exceeding 6 years, regardless of the fine or other accessory penalties and civil liability
Primary reference: Criminal Procedure (the bar lecture series) by Willard Riano
3. Offenses involving damage to property through criminal negligence
4. In cases where the only penalty provided by law is a fine, it has exclusive jurisdiction
over offenses punishable by a fine not exceeding P4000
5. In election offenses, cases involving failure to register or failure to vote
6. Special jurisdiction to hear and decide petitioners for a writ of habeas corpus or
application for bail in the province or city where the RTC judge is absent
7. Cases involving BP 22—Bouncing Checks Law
2. REGIONAL TRIAL COURT
1. Exclusive original jurisdiction in criminal cases not within the exclusive
jurisdiction of any court, tribunal or body, except those falling under the exclusive and
concurrent jurisdiction of the Sandiganbayan
All criminal cases where the penalty is higher than 6 years, including
government-related cases wherein the accused in not one of those falling
under the jurisdiction of the Sandiganbayan is within the jurisdiction of the
RTC.
2. Other laws which specifically lodge jurisdiction in the RTC
a. Laws on written defamation or libel
b. Decree on Intellectual Property
c. Dangerous Drugs Cases except where the offenders are below 16 years
and there are Juvenile and Domestic Relations Courts in the province
3. Appellate jurisdiction over all cases decided by MTCs in their respective territorial
jurisdiction
4. In areas where there are no family courts, the cases falling under the jurisdiction of
family courts shall be adjudicated by the RTC
JURISDICTION OF SANDIGANBAYAN
Jurisdiction. The Sandiganbayan shall exercise original jurisdiction in all cases involving:
"a. Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and
Corrupt Practices Act, Republic Act No. 1379, and Chapter II, Section 2, Title VII of the Revised
Penal Code, where one or more of the principal accused are officials occupying the following
positions in the government, whether in permanent, acting or interim capacity, at the time of
the commission of the offense:
"(1) Officials of the executive branch occupying the positions of regional director and higher,
otherwise classified as grade 27 and higher, of the Compensation and Position Classification Act
of 1989 (Republic Act No. 6758), specifically including:
"(a) Provincial governors, vice-governors, members of the sangguniang panlalawigan, and
provincial treasurers, assessors, engineers, and other provincial department heads;
"(b) City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurers,
assessors, engineers, and other city department heads;
Primary reference: Criminal Procedure (the bar lecture series) by Willard Riano
"(c) Officials of the diplomatic service occupying the position of consul and higher;
"(d) Philippine army and air force colonels, naval captains, and all officers of higher rank;
"(e) PNP chief superintendent and PNP officers of higher rank;
"(f) City and provincial prosecutors and their assistants, and officials and prosecutors in the
Office of the Ombudsman and special prosecutor;
"(g) Presidents, directors or trustees, or managers of government-owned or controlled
corporations, state universities or educational institutions or foundations;
"(2) Members of Congress and officials thereof classified as Grade "27" and up under the
Compensation and Position Classification Act of 1989;
"(3) Members of the judiciary without prejudice to the provisions of the Constitution;
"(4) Chairmen and members of Constitutional Commissions, without prejudice to the provisions
of the Constitution; and
"(5) All other national and local officials classified as Grade "27" and higher under the
Compensation and Position Classification Act of 1989;
"b. Other offenses or felonies committed by the public officials and employees mentioned in
subsection (a) of this section in relation to their office.
"c. Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2,
14 and 14-A.
"In cases where none of the principal accused are occupying positions corresponding to salary
grade "27" or higher, as prescribed in the said Republic Act No. 6758, or PNP officers occupying
the rank of superintendent or higher, or their equivalent, exclusive jurisdiction thereof shall be
vested in the proper Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court, and
Municipal Circuit Trial Court, as the case may be, pursuant to their respective jurisdictions as
provided in Batas Pambansa Blg. 129.
"The Sandiganbayan shall exercise exclusive appellate jurisdiction on appeals from the final
judgments, resolutions or orders of regular courts where all the accused are occupying
positions lower than salary grade "27", or not otherwise covered by the preceding
enumeration.
"The Sandiganbayan shall have exclusive original jurisdiction over petitions for the issuance of
the writs of mandamus, prohibition, certiorari, habeas corpus, injunction, and other ancillary
writs and processes in aid of its appellate jurisdiction: Provided, That the jurisdiction over these
petitions shall not be exclusive of the Supreme Court.
Primary reference: Criminal Procedure (the bar lecture series) by Willard Riano
Primary reference: Criminal Procedure (the bar lecture series) by Willard Riano
